Section 1. Effect. The covenants, restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof; the parties in interest thereto and their heirs, assigns, personal representative and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof.

 

Section 2. Severability. In the event that any provisions hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and affect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of the same provision or of any other provisions. No right of action shall accrue for or on account of the failure of any person to exercise any right hereunder nor for seeking to enforce any provision, condition, restriction or covenant which may be determined to be unenforceable.

 

Section 3. Enforcement. The parties in interest in and to any part of the Subdivision and the Community Organization, for the benefit of the Owners of the Subdivision, and each of them shall have the right and authority to enforce the provisions hereof and, in addition to any other remedy for damages or otherwise, shall have the right to injunctive relief. The prevailing party in any action to enforce any provision hereof shall recover a reasonable sum as attorneys' fees together with all reasonable and necessary costs and expenses incurred incident to such which sums shall be paid by the unsuccessful party.